Jurisdiction is an aspect of state sovereignty and it refers to
judicial, legislative and administrative competence. Therefore the
action of Sri. Jose Cyriac, the then head of the Dept of Finance
dept of Kerala Govt. is an insult to the sovereignty of the nation
–precious preambular concept of our constitutional democracy.
The Accountant General (A & E) should have verified the
propriety and legality of the Govt order marked as Ext P4 as that
office is the limb of the one of the most important instrumentalities
of state -the Comptroller and Auditor General of India- established
by the constitution.
7. It is humbly submitted that the issuance of Govt order marked
as Ext P4 has a direct and immediate nexus to my role as the
convener of Secretariat Aikya Vedi (SAVE), an organization of
enlightened employees of state Secretariat of Kerala. Our
association, for more than six years , is engaged in a noble
legal battle for the honour of the nation represented by our
constitution and also the rights of the state Govt employees.
The Para 11 of the above Govt order in an unconcealed manner
expresses the displeasure of my pseudo disciplinary authority
on this count. It was the senior IAS colleague of Sri. K.Jose
Cyriac, who awarded penalty to the petitioner, and former Chief
Secretary of Kerala Sri. V.Krishnamurthy who, in the pretext of
translation, forged the Constitution of India in Malayalam
language in violation of section 2 of the Authoritative Text (
Central Laws) Act 1973 .The forged oath of office of the then
ministers of kerala is produced as Exhibit 9 This led to the
administration of an oath of office to the Ministers of Kerala led by
Sri. A.K.Antony to rule this people of kerala ‘without love’ instead
of ‘without favour’ demeaning the republicanism and the idea of
democracy. This seditious and antinational oath enabling the
ministers to commit treason against the nation of India or waging
war against the people, undoubtedly, is an assault of seismic
proportion on the sovereignty of our nation and an insult to
the martyrs of the freedom struggles of our nation and also the
personnel of our defence forces who are making their supreme
and ultimate sacrifices to safeguard the territorial sovereignty
of our nation and also internal security. As the defenders and
upholders of Indian constitution turned a blind eye to this
IAS Officer, who forged the Constitution , is now pleasantly
enjoying his retired life with peace and comforts with huge
pension and undue commuted value of pension extorted from
state exchequer by manipulating All India service rules, instead
of facing the travails in the Central Prison at Poojappura,
Thiruvanathapuram. In this context, it is worthwhile to extract the
words of Dr B.R.Ambedkar on our Constitution: “I feel that the
constitution is workable, it is flexible and it is strong enough to
hold the country together both in peacetime and in wartime.
Indeed, if I may say so, if things go wrong under the new
Constitution, the reason will not be that we had a bad Constitution.
What we will have to say is that Man was vile.” One of the
prominent vile men inimical to the Constitutional democracy in
India as prophesied by the Great son of India is Sri
V.Krishnamurthy, former chief secretary of Kerala who forged the
Constiutional oath and committed a gigantic fraud on the
Constitution due to the administration of that oath of office to
minister-designates under the leadership of former MLA
Sri.A.K.Antony. It is not known why this matter, shrouded in
mystery or rather sought to be kept under wraps to avoid public
gaze and scrutiny, was not seriously considered by the prosecution
agencies of the state; it creates a wrong notion among the people
that the text of Constitution of India can be forged by senior IAS
officers and that this action is not a crime, according to Indian
Laws. As per our epic Mahabharatha when Draupati was
disrobed and her modesty was violated in the dice hall of
Hastinapura, there was divine intervention to protect her honour. It
is highlighted in the epic that neither Bheema’s strength nor
Arjuna’s Gandiva protected her. But it is unfortunate that in the
present Mahabharatha of Constitutional democracy, there is no
human intervention to honour its Constitution when it was violated
even though there is an act namely, The Prevention of Insult to
National honour Act, 1971. In these circumstances our association
had made public demand for penal action against those who are
involved in this shocking and ugly deeds resulting in the
subversion of the Constitutional Democracy of this Great Nation of
Buddha and Gandhi who preached love and compassion. This
action of my association of which I am the Convener infuriated my
fake disciplinary authority- the then Additional Chief Secretary
(Finance)- as he was a bosom friend of the former Chief Secretary,
Sri.V. Krishnamurthy who committed the crime of the highest
degree against humanity by forging the Constitution of India. It is a
fact that this Govt order awarding punishment for the petitioner is
due to the conspiracy of the antinational elements in the All India
Service led by Sri Jose Cyriac, my fake disciplinary authority, who
is a colleague of Sri. V. Krishnamurthy, who forged the
Constitution of India, which the Hon. High Court is bound to treat
with utmost seriousness as the Judges of this Hon’ble High Court
uphold the Constitution and its honour as per their oath of office.
It is humbly submitted that it is a reasonable expectation of –we,
the people-India.
8. In order to apprise the Hon: Court the reason for the ill will and
vendetta of the Government of Kerala towards this petitioner, the
petitioner sincerely beliefs that the details of case resulting in
miscarriage of justice has to be furnished in details and it is given
below:
i. On the 17th of May 2001 the ministry under the leadership of
Sri. A.K. Antony was sworn in taking an oath drafted in
Malayalam by the Chief Secretary of Kerala instead of the
constitutional oath in Malayalam language, approved and
published under the authority of the President of our nation
according to section 2 of the Authoritative (Central laws) Act
1973. What was strange and shocking was that they took an
oath that they will do justice to people ‘without love’
(sneham koodathe) instead of ‘without favour’.
ii. When these Ministers took some severe and harsh methods
against employees which led to 32 days strike of the State
Government Employees, our association was constrained
to approach the Hon’ble High Court of Kerala praying to
declare two Government orders against the employees are
unconstitutional and having no force of law having been
approved and issued by a cabinet which has not taken
the oath in terms of the third schedule of the
Constitution. Taking this O.P a serious one, the single
Bench of the Hon’ble High Court referred it to the Division
Bench headed by the then Chief Justice Srikrishna and the OP
was admitted (No. 9552/02s). In the counter affidavit the
Government has admitted the serious error in the oath,
which was contrary to the very spirit of our constitution
and democracy. After a long period on the 1st August
2003, this O.P was closed by the Court on the ground that
the impugned orders were modified but the violation of
constitution caused by our association was not considered.
Later, when Review Petition (RP No 708/03) was filed
challenging the judgment, the Government informed the
court that the impugned orders were already withdrawn
and therefore the Hon’ble High Court declared the O.P
infructous but the Hon’ble High Court made the following
adverse observation against the authority of the
Government owing to the violation of Article 164(3) of the
Constitution prescribing mandatory Constitutional oath.
“There was no prayer in the O.P to cancel all the orders
issued by the cabinet or for a declaration that cabinet
should not function as it has taken an incorrect oath while
assuming office. Contentions regarding mistake in the
Malayalam translation of oath administered to the Ministers
was taken only to quash Ext. P1 & P2. They were already
withdrawn”
iii. In the O.P before the Hon’ble High Court led try Sri A.
K. Antony, Ministry averted the legal scrutiny of their
authority to hold office due to the violation of Article
164(3) by misrepresenting the Court that they have
withdrawn the impugned orders. This judgement is
produced marked as Exhibit10 It is painful and shocking
that when our association approached the court to
defend the meaning and glory of the word ’love’ and the
majesty of the Constitution truth became a casualty. The
Chief Minister of Kerala Sri. A. K. Antony who defiled
the constitution by taking an oath to do justice to all
manner of people ‘without love’ instead of ‘without
favour’ has also lied by informing the Hon’ble High
Court of Kerala that the impugned orders involving the
rights of about 5 lakh state Government employees were
withdrawn and thereby obstructed the course . This is a
lie of the highest order so far said by any Chief Minister in
a Court of Law. The Gandhi an ex: Chief Minister testified
that the converse of quote of Father of Our Nation-
Without love there is no truth- also is valid.
iv. It is a fact that our association filed a petition under
section 15(1) (b) of the contempt of courts Act 1971
before the then Advocate General of Kerala against the
then Chief Secretary and the 2nd respondent Sri. A. K.
Antony, former Chief Ministers of Kerala. But the
Advocate General, an appointee of the cabinet by Sri. A. K.
Antony, declined to uphold the honour of the High Court of
Kerala and refused sanction for criminal proceeding under
the contempt of courts act 1971.
9. Further legal action of my association, on the above was to
approach the Supreme Court filing special Leave petition and
accordingly acted whereby notice (SLP NO 7000/2006) was
ordered to be issued to the respondents and also ordered to tag
with Civil Appeal No 5006/ 04 against the order of this Hon.
Court in a similar case of in which a MLA of Kerala Sri Umesh
Chulliyail who took an oath in variation with what is scheduled in
the constitution. This sincere attempt to correct the course of
justice, further irked the Government and thereafter this petitioner
is facing various facets of harassment and humiliations due to the
fury of Government with potent and insensitivity. For more than
six years even though the petitioner is an officer of secretariat no
opportunity was given to serve in the secretariat. The petitioner
was transferred eight times within a span of seven years after filing
this case against the Government. The cruelest form of harassment
meted out to the petitioner was that he was deprived of his salary
for three consecutive months as he was denied posting from
07.08.06 to 12. 11. 06. It is a fact after many representations this
period was regularized and salary was drawn by the petitioner. But
during the period the petitioner was denied salary, he was
financially in dire straits as he was the only earning member of his
family.
10. It is submitted that as per circular No. 56/ 2005/ fin dated 3.10.05
issued by Government in Finance (Rules) Department, produced
marked as Exhibit P11, it is reiterated that all Heads of
Department and other appointing authorities shall do away
with the practice of keeping officers waiting for posting
orders to avoid the unlawful payment of salary to them. It was
also instructed to recover the expenditure due to this irregular
actions the persons responsible. In this case the delay in issuing
posting orders resulting in payment of salary to the petitioner
for 98 days from 7. 08. 06 to 12. 11. 06 without utilizing my
service to Government was due to the vendetta of Sri. K. Jose
Cyriac, the then Principal Secretary ( Finance) and not to any
unavoidable circumstances. In order to ensure financial hardship to
the petition the period of waiting for posting was regularized only
on07/02/07 Vide Govt.order (RT)No998/2007/Fin instead of along
with the posting order of the petitioner as Finance Officer,
Directorate of Printing whereby the timely receipt of pay and
allowances was obstructed. The order in this regard is produced as
Exhibit 12. As a responsible officer of Finance Department of
Government of Kerala, the petitioner had sent official letter to the
Chief Secretary and thereafter to the Accountant General ( A &E)
to recover from the then Principal Secretary (Finance) Sri. K. Jose
Cyriac the loss to Government by way of keeping the petitioner out
of service for 98 days. This document is produced as
Exhibit13.The Accountant General (A & E) Trivandrum, being an
independent constitutional authority he/she should have verified
the propriety, validity and legality of the expenditure from the
public exchequer which was wasteful and against public interest.
The petitioner begs to refer in this context to the words of Dr.
Rajendra Prasad, first President of our nation, that “it is of highest
importance that a proper check is maintained on expenditure and
that the funds drawn by various government departments are not in
excess of appropriations… the office of the Comptroller &auditor
General has the power to see that the monies granted by the
Legislature to the Executive Authorities are spent for purposes
meant and that accounts are maintained in a proper and efficient
manner”. The expenditure towards payment of salary for the
petitioner was without availing his service to govt, for which he
was competent and eligible, is wasteful. The Legislature of Kerala
has not so far sanctioned any amount from public exchequer for
wasteful expenditure. The Government Circular produced and
marked as exhibit P11 was issued by Government on repeated
recommendations of Public accounts Committee of the State
Legislature. But the Accountant General (A&E) of Kerala is afraid
of Sri. K.Jose Cyriac, and hence not complying this Govt.order, as
he is a very senior IAS officer and chances of him becoming the
future Comptroller &Auditor General of India cannot be ruled out,
as it is the practice followed by Government of India at present. I
believe that the Accountant General[A&E]of Kerala is enforcing
against the petitioner the unlawful order marked as Ext P4 issued
unauthorized by Sri K. Jose Cyriac is also due to this reason.
11. In this connection, it is humbly submitted the fact after a sustained
campaign of the Secretariat Aikya Vedi (SAVE), an association of
Secretariat Aikya Vedi, led by the petitioner the seditious,
antinational and antipeople oath of office of ministers of Kerala
was altered as the Governor of Kerala reluctantly accepted the oath
of office in Malayalam of Indian Constitution as per section 2 of
the Authoritative Text (central Laws) Act 1973 while the oath of
office was administered to the cabinet led by Sri. Oomen Chandy
in the month of August 2004,and it is a matter of public knowledge
and history as media have reported it. Thereafter, the ministers of
Kerala led by Sri. A. K. Antony who took the oath of office to rule
‘without love’ have not voluntarily refunded the monetary benefits,
a plea was made by the petitioner on the basis of the resolution of
his association to recover from them all the monetary benefits
enjoyed by them by the unlawful act of ruling the people of Kerala
without love, according to their oath of office. A copy of this plea
was submitted to the Accountant General (A&E) Trivandrum,
produced as Exhibit P14, who is bound to ensure that the
expenditure from the state exchequer was made only in accordance
with legality and propriety. It is a fact that the fake ministers of the
cabinet led by Sri.A.K.Antony enjoyed their pay and huge
allowances on the basis of authorization slip issued in this regard
to the Sub Treasury officer,Secreteriat Thiruvananthapuram,
Before issuing this authorisation slip the Accountant General
(A&E) should have ensured that these ministers have assumed
their office complying Article 164(3) of the Indian Constitution
which is extracted below:
‘164(3) Before a Minister enters upon his office, the Governor
shall administer to him the oaths of office and of secrecy according
to the forms set out for the purpose in the Third Schedule’
It is unfortunate that despite the unconstitutionality and
brutality of the oath of Ministers of Kerala was revealed to the
whole Malayalam speaking people of Kerala the Accountant
General(A&E)has not recovered from these ministers the monetary
benefits enjoyed by them during their period of occupancy of
office from the exchequer of the people, whom they ruled ‘without
love’, on the strength of their oath of office, subverting and
reversing our constitutional spirit and ridiculing humanity and
constitutional democracy. The report in the Mathrubhumi Daily
dated 01/ 12/ 05on the campaign of the association in this regard
is produced herewith marked as P15
12. It is the primary duty of the Principal Accountant General (A&E)
of Kerala to audit the Annual Financial Accounts and
Appropriation Accounts of Kerala and certify that the expenditures
incurred and receipts made are in conformity with financial
principles and rules. It is also his duty to bring to notice if there is
any expenditure incurred by state without legality and propriety. It
is unfortunate that the Comptroller &Audit General of India has
not mentioned in any Annual Audit report of Kerala about the huge
waste of public money incurred for the pay and allowances and
other monetary benefits of the Ministers of the cabinet led by the
former Chief Minister, Sri.A.K.Antony who assumed office
without complying Article 164(3) but insulted the constitution by
his oath of office to rule without love ‘all manner of people’. If the
Comptroller of Audit General had pointed out this serious financial
and constitutional irregularity of monstrous scale in his audit report
the Public Accounts Committee of the Legislature of Kerala might
have recommended to recover from the former fake ministers of
Kerala the amount drawn unlawfully by them from state exchequer
of Kerala during their tenure. This expenditure was disastrous
more than infructuos as their tenure was without love, according to
their oath of office. This colossal and tragic failure of the C & AG
of India is very disturbing to the proud, enlightened citizens of
India. The petitioner apprehends that this omission in exercising
the duty cast on this authority by the constitution is because he is
overwhelmed by either fear or favour as the former Chief Minister
Sri.A.K.Antony is at present the Defence Minister of India. If the
constitutional authorities are not performing their duties of their
jurisdiction, the entire edifice of our Constitutional democracy will
crumble to bits and pieces resulting in chaos and disaster
The petitioner in the above circumstances prays
for reliefs from this Hon’ble Court on the following mainly among
other
Grounds
A. It is respectfully submitted that article 148 of the constitution f India
provides that there shall be a Comptroller & Auditor General of
India, the said post is a constitutional post and the constitution has
given great importance to the office of the Comptroller & Auditor
General. The status of the office of the C&AG is unique in our
federal setup, he being a common functionary between the union and
the states with regard to audit and control of expenses. It is clear
from the relevant provisions of the constitution and the Comptroller
& Auditor General (Duties, Powers and conditions of Service) Act,
1971that the C&AG controls all disbursements of money and also
audits all accounts of the monies administered by or under the
authority of the parliament or the Legislature of a state. Commenting
on the importance of the Comptroller and auditor General (C&AG)
in the parliamentary system of governance, B.R.Ambedkar said in
the constituent Assembly on May 30, 1949: “I am of opinion that
this dignitary is probably the most important officer in the
Constitution of India. If this functionary is to carry out the duties-
and his duties are far more important than the duties even of the
judiciary- he should be certainly as independent as the judiciary.” In
the circumstances, it is humbly submitted that any abuse of power or
non performance of duty by the C&AG will undermine our
democratic frame work.
B. The issuance of the pay slip No. GEO2/D/K15/1298 dated 17-09-09
marked as Exhibit P5 and the letter No. GE02/D/K15/1297 directing
the Sub Treasury Officer directing him to recover an amount of
Rs.5452/- from the salary of the petitioner has been made by the
Accountant General (A&E) under the authority of the Comptroller
and Auditor General of Kerala[Exhibit P5 ] without proper
application of mind and in a prejudiced manner. This recovery is
purpoted to be based on a Govt. order No (Ms) 612/07/Fin dated 27-
07-07 marked as Exhibit 4 issued by Sri. K. Jose Cyraic, the then
Additional Chief Secretary, Finance Dept. Govt. of Kerala.
As per the executive order it is clear that the petitioner was in
the rank of under Secretary to Govt. in Finance Dept. when the
charges against the petitioner were framed by Sri.K. Jose Cyraic, the
then Head of the Finance Department. At that time of initiating this
unauthorised disciplinary action, ie..on15-03-07, the petitioner was
on other duty as Finance Officer of the Directorate of Printing. This
order of punishment of the petitioner does not also mention any
statutory provision. It is a fact that my service is governed by Kerala
Civil Service (CC&A) Rules enacted by Govt in exercise of powers
conferred by the proviso to Article 309 of the constitution. I believe
that my disciplinary authority has not relied on these rules as it is
framed under the authority of the constitution of India – a document
which is not recoginsed by some elements of senior IAS officers of
our nation who even indulge in forging this Mother document of
India with impunity. As per these rules, Sri.Jose Cyriac, the then
head of the Finance Dept is not competent for initiating any
disciplinary action against the petitioner and it is evidenced by
Exhibit 8 and therefore Exhibit P4 is unlawful. Even otherwise, this
Exhibit P4 is unenforceable because of the terms of the penalty. It is
a fact that subsequent to the promotion the petitioner assumed office
the Deputy Secretary with effect from 01-06-2007 FN and hence he
is eligible for the increment benefit only after completion of one
year and therefore he is not eligible for increment with effect from
01-05-08 but it is specifically mentioned in the above Govt.order the
following terms
“His next increment of Rs. 500/- is due on 1-5-08.
Accordingly he will not be eligible for the increment falling due on
1-5-08. On 1-5-2009 the withheld increment will be restored to
him.”
The Accountant General (A&E) Kerala, 2nd
respondent, in order to appease the above senior IAS officer and
government has altered the above terms of penalty to ensure my
punishment. While Sri.K. Jose Cyraic the then Head of Finance
Department surpassed his jurisdiction by initiating disciplinary
action against the petitioner, taking a cue from him, the 2nd
respondent far crossed her jurisdiction by assuming the role of a
cruel appellate authority by altering the punishment awarded by the
former in order to appease the Executive Govt, and violated the
Kerala Civil Services [CC&A] Rules enacted under the proviso to
Article 309 of the Indian Constitution The Accountant General
(A&E) Kerala under an independent constitutional authority should
not have stooped this ugly level in a cowardly manner. This
authority is bound to respect the Constitution and Laws and rules
framed under it. This action of the Accountant General abusing her
authority is shameful to the constitutional system of Government
envisaged by the founding fathers of our nation. Therefore the
petitioner begs the Hon’ble Court to interfere in this unlawful action
and quash exhibit 5 and thereby address the petitioner’s grievance.
C. For about seven years since the petitioner’s association- (SAVE)
- filed a writ petition before this Hon’ble High Court on a very
serious Constitutional matter, the petitioner being its convenor, was
being harassed by the government and the bureaucracy. The climax
of the harassment was that the petitioner was deprived of his salary
for three consecutive months and denied his right to livelihood as the
period of waiting for posting from 07/08/06 to 12/11/06was
regularized only on 07/02/2002 vide the govt.order (RT)
No.998/2007/Fin dated 07/02/2007 instead of along with Govt. order
No. 7508/2006/Fin/dated7/11/2006 posting the petitioner as Finance
officer in the office of the Director of Printing. Therefore the salary
for the months November, December, 2006 and January 2007of the
petitioner was delayed throwing his life into misery and hardship.
This Govt. order is produced and marked as Exhibit 12. By this
serious administrative irregularity Sri, K.Jose Cyriac, the then Head
of Finance Department, who feigned as the disciplinary authority of
the petitioner, achieved his twin objectives of draining the public
exchequer and paining the petitioner and his family.
D. It is humbly submitted that Government of Kerala had issued
several circulars from the year 1994 to the all Heads of Departments
and appointing authorities to avoid unnecessary delay in giving
posting orders to the officers who return from leave, deputation,
training or termination of previous appointment. But the Accountant
General (Audit) of Kerala in his test check in audit for the year
ending 31-03- 05 has noticed many cases of delay in posting in
contravention to the above circular instructions and it was reported
to Govt. Taking a very serious view of this matter Government in
Finance Dept issued Circular No.56/2005/Fin dated 03-10-2005
ordering to fix the excess expenditure in this regard as the personal
liability of the concerned officer’s responsible for issuing the
delayed posting orders as well as the Head of Departments and to
recover from them the loss to government in this regard as provided
in the statuary rules without fail. This Circular is produced and
marked as Exhibit11. But the fourth respondent and 2nd respondent
representing Govt failed to recover from Sri. K. Jose Cyraic, the
former Head of the Finance Department the loss to Government due
to delay of 98 days for issuing the posting order of the petitioner
resulting in huge loss of public money dispute the letter from the
petitioner who is responsible Finance officer of Government to the
2nd respondent marked as Exhibit13. The petitioner is aggrieved by
the inaction of the 2nd respondent as a victim of this bureaucratic
overreach or goondagiri and also as the citizen of India where
millions of fellow citizens are in hunger and deprived of medical
care and other basic necessities for dignified human existence.
Special attention is brought to the Hon’ble Court that dignity of
individual is a precious preambular concept of our constitution.
Hence this petitioner is again begging this Hon’ble Court to interfere
in this matter and direct the concerned to act as requested by the
petitioner in Exhibit 13
E. It is humbly submitted that the most inhuman and absurd action of
the Accountant General (A&E), Kerala under the authority of
C&AG is the issuance of pay slips to the Treasury Officer
authorizing him to disburse the pay and huge allowances for the
period from 17-05-01 of to 28-08-04 to the ministers of the cabinet
of Kerala led by Sri. A.K. Antony who took the oath of office to do
justice to all manner of people including the Hon: Judges of High
Court of Kerala without love. By this absurd action the Accountant
General (A&E), Kerala had made vain efforts to disclaim that Kerala
is God’s own Country, but the association represented by the
petitioner demanded the fourth and second respondents to recover all
the monetary benefits and money equivalent of all other benefits and
privileges enjoyed by ministers of Kerala led by Sri.A.K.Antony
who took an unconstitutional oath to rule the people without love.
This was on the basis of the resolution of the petitioner’s association
dated 27-11-04. Subsequently this was demanded by his association
to the Chief Secretary of State and thereafter to the second
respondent and it is marked as Exhibit 14. The Mathrubhumi daily
dated 1st February 2005 has reported about this campaign of the
petitioner and it is marked as exhibit 15.
F. In this connection it is worthwhile to submit that allowances drawn
by Sri. Umesh Chulliyil former MLA was recovered from him by
the 2nd respondent for having made a slight deviation in his oath of
office, but his oath of office was perfect in all respects. The fault on
his part was that he took the oath in the name of Sree Narayana Guru
instead of God. He had not negated ‘God’ or ‘love’ but only
substituted his concept of God by the name of Sree Narayana Guru.
It is submitted that even negation of God is tolerated by civilization
but negation of love is barbaric and it is not tolerated by any
civilization. How can Bharath- the land of Sanathana Dharma- can
tolerate negation of love? It is very unfortunate that even after a
public campaign by the petitioner’s association neither the 2nd
respondent nor the 4th respondent took any measures to recover the
unlawful payment made to these fake ministers. This will send a
wrong message that the name Sree Narayana Guru and the word
‘love’ are anathema to the constitutional authorities.
